President Biden announced on Friday his Supreme Court Presidential Commission, better understood as the Supreme Court Packing Commission. The White House is trying to make this seem like routine political business, but don’t be fooled.
Packing the court has not been actively discussed since the FDR’s failure in the 1930s. On the other hand, many of the things Democrats do today have not been tried since the 1930s. The Democrats had a breakdown of Donald Trump’s three Supreme Court appointed people, and the idea of Mr Biden’s commission was a way to appease the progressives and avoid taking a permanent position during the 2020 campaign.
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“The Commission’s aim is to provide an analysis of the main arguments for and against the reform of the Supreme Court in the current public debate, including an assessment of the merits and legitimacy of certain reform proposals,” a White House press release said. “One of the topics covered is the emergence of the reform debate; the role of the Court of Justice in the constitutional system; the length of service and turnover of judges at the Court of Justice; the membership and size of the court; and the selection, rules and practices of the Court. “
The commission will have 36 unwieldy members who lean significantly to the left. The co-chairs are Bob Bauer, Barack Obama’s former White House attorney, and Cristina Rodriguez, a former Obama Justice Department official. Mr Bauer has spoken out publicly against a trial, but he will have his hands full with the Commission.
The White House press release stated that Duke Law Professor Guy-Uriel Charles “writes on the relationship between law and political power and the role of law in combating racial subordination”. Caroline Fredrickson is a former president of the American Constitution Society, the far left lobby. Michael Waldman heads the Brennan Center for Justice, NYU’s highly partisan legal business that seeks to curtail political speech. Laurence Tribe is the Harvard professor whose Twitter feed didn’t help his call for judgment or common sense.